Tenancy A-Z
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
D
Damage
Where a landlord or their agent damages a tenant’s goods, the tenant may seek to recover reasonable costs for the replacement or repair of those goods from the landlord by making an application to the Tenancy Tribunal.
Where a tenant intentionally or carelessly damages the landlord’s premises or goods, or allows others who they have invited into the property to do so, the tenant must tell the landlord. The landlord may ask the tenant to repair the damage, or recover reasonable costs for the replacement or repair of those goods from the tenant.
Where the damage is not substantial, the landlord may issue the tenant with a notice to remedy the breach if the tenancy has not ended. If the tenant does not comply with the notice, the landlord may apply to the Tenancy Tribunal for a work order, compensation, or termination. In determining amounts for compensation, the Tribunal will take depreciation into consideration.
Where damage is substantial, the landlord may apply to the Tenancy Tribunal without serving a notice to remedy the breach first.
If a landlord carries insurance for the property, this does not lessen a tenant’s liability for damage that tenants cause intentionally or carelessly.
See Forms and Info for template letters advising 10 working days notice to remedy a breach.
Destruction of premises
When it is no fault of the landlord or tenant and the premises becomes uninhabitable, the rent will stop and either party may give notice to end the tenancy. The landlord must give at least 7 days’ notice and the tenant at least 2 days’ notice.
If the property is only partially uninhabitable, the landlord and tenant should negotiate a reduction in the rent for the tenant’s loss of use and either party can apply to the Tenancy Tribunal for an order to end the tenancy.
If the damage occurred due to a breach, the affected tenant or landlord may apply to the Tenancy Tribunal for a work order or compensation, and for termination of the tenancy.
If a landlord carries insurance for the property, this does not lessen a tenant’s liability for damage that tenants cause intentionally or carelessly.